Sharp v. Zeller

Citations

• 110 La. 61
• 34 So. 129
• 1902 La. LEXIS 183

Syllabus

<p>AND WIFE — SEPARATE AND COMMTJNITY PROPERTY — RENTS OF PARAPHER-NAL PROPERTY — APPLICATION.</p> <p>1. In order that property purchased by the husband during the community. should become his separate property, he must, in his act of purchase, have made the double declaration:</p> <p>First, that it is bought with the proceeds of a sale of property belonging to himself individually.</p> <p>Second, that the purchase is made for his individual account, for the purpose of replacing the individual property which he had sold (pour servir de remploi). The use of only one of these two declarations is insufficient.</p> <p>2. While it may not be necessary that the sale of the husband’s separate property should be contemporaneous with the purchase of other property to replace it; nor that the purchase should be made with the identical money which he had received from his sale of separate property, it should be made to appear that those funds had not, before being used for the purpose of separate reinvestment, been already used in the purchase of community property. When the use of those funds has once brought about, between the husband and the community, the relation of debtor and creditor, matters must remain in that situation during the community. He cannot, at will, sell property belonging to the community, pay the community debt to himself from its price, and reinvest the same in separate property.</p> <p>3. The community is not entitled to charge the husband with the amount of the civil rents of his paraphernal property which he had applied during his second marriage to the payment of an interest-bearing mortgage debt which existed on the property at the time of his marriage. Oiv. Code, art. 2402.</p> <p>(Syllabus by the Court.)</p>